City of Claremont Nominated for the "Black Hole" Award.

First Amendment Coalition's First Amendment Assembly in Fullerton Oct. 13th - 14th.
August 23, 2000

For more information about the Fullerton convention visit
the CFAC web site.

The city of Claremont was nominated recently for the First Amendment Coalition's 2nd Annual "Black Hole" award, to be presented at their October Assembly in Fullerton.

Wendy Zlotlow, Executive Director of the First Amendment Coalition told ClaremontCA.com that the award is given to individuals and organizations that show "blatant disregard" for the First Amendment rights embodied in California's Ralph M.Brown Act.

The Ralph M. Brown Act along with the California Public Records Act, define the public's rights of access to state and local government. According to CFAC, "The Brown Act requires the meetings of governing and advisory bodies of local government agencies to be open and public, and has a number of additional rules to allow for citizens' ready access and participation."

Last year's recipient of the "Black Hole Award" was Rancho Cucamonga/Brea/Hesperia city attorney, James L. Markman, of the powerful Richards, Watson and Gershon law firm. Zlotlow said Markman received this dubious distinction award because of comments dismissive of the Brown Act made at a taped League of California Cities, Mayors and Council Members Executive Forum in 1998. In his speech entitled "Ethics in City Hall," Markman said "Hey, does anyone here give a real damn about the Brown Act." Audience laughter. "I'm more often asked to devise ways to get [city officials] into executive sessions" (closed-door sessions) "that are very clever." Later when a Tiburon city official complained that the Tiburon city attorney had recommeded a stricter reading of the Brown Act than city officials wanted to hear Markman said "I can refer you to our San Francisco office for different advice." Big laughter.

RW & G attorneys are city attorneys and special counsel in Agoura Hills, Barstow, Beverly Hills, Buena Park, Carson, Diamond Bar, Fairfield, Hermosa Beach, Mailibu, San Marino, Seal Beach, West Hollywood and Westlake Village.

See our "Richards, Watson and Gershon" sidebar.

Showing Markman and the League of California Cities that business can indeed be done under the Brown Act, The City of Vallejo another "Black Hole" recipient enacted a local "Sunshine Act", an additional freedom of access and information measure in response to the situation that led them to the "Black Hole."

Other city's nominated for this years "Black Hole" award include the city and county of San Bernardino and the City of Riverside.

Details of the City of Claremont's nomination for this award will not be available until the CFAC convention in October.